The Sixth Circuit denied Flint, Michigan’s petition for en banc review of a panel decision allowing citizens exposed to contaminated water to sue city and state officials. The order drew two concurrences, one dissent, and plenty of skepticism about the plaintiffs’ case—which is nevertheless allowed to proceed in the district court. The plaintiffs’ theory is … Continue Reading
Earlier this week, in a case that attracted media attention, the Sixth Circuit unanimously affirmed a $13.2 million jury verdict in favor of David Ayers, who spent 12 years in prison based on a state-court murder conviction after detectives used a fellow inmate to extract statements from Ayers in violation of his Sixth Amendment right … Continue Reading
This week brought two decisions from the Supreme Court on cases from the Sixth Circuit. In Michigan v. Bay Mills Indian Community, the Supreme Court affirmed the Sixth Circuit’s decision that Michigan could not bring a lawsuit against an Indian-owned casino based on tribal sovereign immunity even though the casino was not located on the … Continue Reading
In Delia v. City of Rialto, Case No. 09-55514 (Sept. 9, 2010) the Ninth Circuit examined whether a private attorney retained by the City to participate in internal affairs investigations, but who was not an employee of the City, was entitled to qualified immunity against Plaintiff’s § 1983 claims. The attorney urged the Ninth Circuit to follow the … Continue Reading
